HiringHiring of Real Property
Section § 1940
This law talks about who is covered by certain rules on renting or using living spaces in the state. Generally, these rules apply to anyone who rents a place to live, like tenants or lodgers. However, people staying short-term in places such as hotels or motels are not covered by this law if their stay would normally be taxed under a specific tax code. Also, short-term hotel or motel stays where the hotel provides many services like property safekeeping and daily maid service are excluded. A "dwelling unit" refers to any structure being used as a home by someone or shared by a group. The law doesn't limit any chapter rules from applying unless clearly stated otherwise.
Section § 1940.1
This law says that a person cannot force someone living in a residential hotel to move out or re-register within the first 30 days just to keep their stay classified as temporary. If there's evidence showing someone was made to re-register, it assumes the hotel's intent was to maintain that temporary status, but this assumption can be challenged. If this rule is broken, a fine of $500 applies, and the winner of any lawsuit regarding this rule can get back their legal fees. Also, local governments can set up rules to check that this is being followed.
Section § 1940.2
This law makes it illegal for landlords to try to force tenants out of their homes using certain unfair methods. It prohibits acts like theft, extortion, threats, or disturbing a tenant's peace. If a landlord illegally discloses a tenant's immigration status, that's also against the rules. Tenants can sue landlords who violate these rules and may win up to $2,000 per incident in civil court. Simply notifying a tenant about lease violations is okay if it's done in good faith. This law doesn't change existing tenant rights or local regulations about landlord harassment.
Section § 1940.3
This California law prohibits public entities and landlords from asking about, or taking action based on, the immigration or citizenship status of tenants or potential tenants. It ensures that landlords cannot use immigration status as a basis to harass or intimidate tenants, nor can they require tenants to disclose their status. However, landlords can follow federal laws related to rent assistance programs, and they can ask for information needed to verify a tenant’s financial qualifications or identity. Public entities include various governmental subdivisions within the state.
Section § 1940.4
This law section says that landlords can't stop tenants from putting up political signs related to elections, legislative votes, or public issues on their rental property. Tenants in both multifamily and single-family homes can display these signs, but landlords can ban them if they're too big (over six square feet) or if they break laws or specific housing rules. Tenants have to follow local rules about when to put up and take down the signs, and if there aren't any, landlords can set reasonable time limits. These time limits should start at least 90 days before an election and end at least 15 days after. Any changes to the rental terms to accommodate these rules won't lower housing services.
Section § 1940.05
This law clarifies that when it refers to someone's "immigration or citizenship status," it includes not just their actual status but also what others think their status might be. It also covers situations where someone is connected to another person who is believed to have a certain immigration or citizenship status.
Section § 1940.5
This law states that a landlord cannot refuse to rent to someone just because they have a waterbed, as long as certain conditions are met. These include having insurance that covers waterbed damage, following weight restrictions based on floor capacity, notifying the landlord in advance about installation or moving, and installing the bed safely. The landlord can increase the security deposit and charge a fee for the waterbed, but they can't deny an insurance claim just because they didn't use their rights under this law. "Tenant" means anyone renting, and "rental" includes both renting and leasing.
Section § 1940.6
This law requires landlords to inform both prospective and current tenants if they apply for a permit to demolish the rental unit. Prospective tenants must be informed before signing a lease or paying any fees. Current tenants must be told before the demolition application is filed. The notice should include when the demolition is expected and when the tenancy will end. If landlords don't comply, tenants can take legal action to recover damages and might receive penalties up to $2,500, plus legal fees. The law also ensures that these rights do not override other tenant or landlord laws.
Section § 1940.7
This law requires landlords who know about areas near their rental properties that used to be military zones, and might have unexploded weapons, to inform potential tenants. This applies if the military zone is within one mile of the rental property. Landlords must give this information in writing before tenants sign the lease. If tenants were already living there before 1990, the landlord should notify them as soon as possible. The goal is to ensure tenants' safety by making them aware of possible dangers that aren't obvious.
Section § 1940.8
If you're renting a home and the landlord has signed up for regular pest control services, they have to give you a copy of the pest control notice when you move in. This notice is provided by the pest control company as part of their services.
Section § 1940.8
This law requires landlords to inform tenants when pesticides are applied in or around their rental units. Landlords must provide written notice before applying pesticides, detailing what pests are targeted, the pesticide's brand, usage time, and a caution about pesticide risks. If the pesticide will be applied without a licensed operator, notice should be given 24 hours in advance and must also reach tenants in neighboring units for larger applications. Tenants can agree to quicker applications, but must be informed verbally and in writing. For common areas, notifications must be posted or delivered directly. Specific notification rules apply to scheduled pesticide use, and tenants should be informed before they move in. Lastly, landlords cannot enter tenant units to apply pesticides without permission.
Section § 1940.9
Section § 1940.10
This law allows tenants in certain residential units to grow edible plants in portable containers on their private ground-level backyard. However, they must comply with specific conditions like container placement approved by the landlord and regular maintenance. Landlords can set rules about not using synthetic chemicals and can inspect the garden area. Cultivating plants outside containers needs the landlord’s approval, and there might be a written agreement for any extra water or waste costs. This rule applies only to properties with one or two residential units.
Section § 1940.20
This law allows tenants to use clotheslines or drying racks in their private areas as long as specific conditions are met. These include ensuring that the clothesline or rack doesn’t interfere with property maintenance, doesn’t pose health or safety risks, and doesn’t block essential areas like doorways or utility access. Tenants need to get the landlord's consent before attaching anything to the building, and landlords can impose reasonable restrictions on when and where clotheslines can be used. The tenant must also get approval for the clothesline or drying rack from the landlord.
Section § 1940.35
This law makes it illegal for landlords to share tenants' immigration status with authorities if it is done to harass, intimidate, or retaliate against them, or to make them leave their homes. If a landlord breaks this rule, a court can require them to pay damages; stop them from doing it again; and alert the district attorney of potential further violations. However, landlords aren't breaking the law if they're following federal requirements or court orders. The court can consider deportation records and may award legal fees to the winner of a lawsuit under this law. Tenants cannot waive these rights, and nonprofits can file lawsuits to stop this behavior.
Section § 1940.41
This law section addresses rules about personal micromobility devices, like e-bikes and e-scooters, for tenants in rental housing. Landlords cannot stop tenants from owning or storing personal micromobility devices in their units, as long as these devices meet safety standards or the tenant has insurance for them. If a landlord offers secure, long-term storage with certain features at no extra charge, they don’t have to let tenants store their devices inside their units unless needed for disability accommodations. Landlords can set rules preventing maintenance of devices and requiring fire safety compliance. No modifications to the rental unit are required for storage. The rights of disabled persons are protected under this law without limiting existing federal or state protections.
Section § 1940.45
This law prevents property owners from banning the display of religious items on the front door or door frame of a home. However, exceptions allow such bans if the religious item threatens health or safety, blocks the door, violates laws, is obscene, or exceeds a certain size (36 by 12 inches). A property owner is defined as associations, boards, members, landlords, or sublessors. 'Religious items' refer to items shown for sincere religious reasons.
Section § 1941
When you rent out a property for people to live in, you usually have to make sure it's in good shape and fix any major issues that make it unlivable—unless you have a different agreement in place. Some exceptions apply as listed in another specific law section.
Section § 1941.1
This law states that a dwelling is considered unfit for living if it doesn't meet certain basic conditions. These include good waterproofing, functioning plumbing, adequate hot and cold water, working heating and electrical systems, clean and sanitary conditions, and proper waste disposal facilities. It also requires well-maintained floors, stairways, and mailboxes in certain residential hotels. Additionally, it mentions that tenants and property owners can still apply for programs to help with energy-efficient heating or hot water repairs.
Section § 1941.2
Landlords in California aren't required to fix property damage if the tenant has significantly violated their duties, and this violation is mostly responsible for the damage or stops the landlord from making necessary repairs. Tenant duties include keeping the premises clean, disposing of trash correctly, using fixtures properly, preventing damage by themselves or others, and using the property as intended for living. However, if the landlord has agreed in writing to handle cleaning or garbage disposal, those duties may not apply to the tenant.
Section § 1941.3
Starting July 1, 1998, landlords must ensure certain security features in residential buildings. This includes installing deadbolt locks on main entry doors and window security devices. Locks must comply with safety codes, and any pre-existing, compliant locks must be updated during repairs. Tenants need to inform landlords if security devices fail. Landlords aren't liable unless they fail to fix reported issues promptly. Tenants have specific legal remedies if landlords don't comply, including using the issue as a defense in rent-related legal actions. These rules don’t apply to buildings designated as historic or those managed by the Department of Transportation, except certain prior acquisitions. Additional security requirements can still be imposed by public entities.
Section § 1941.4
If you rent out a place for people to live, you need to make sure there's at least one working phone jack and that the phone wiring in the place is in good shape according to current standards. You also need to let the phone company access their equipment up to where it connects to your property's wiring. The term 'inside telephone wiring' basically means the wiring that goes from where the phone connects in the home to the telephone network itself.
Section § 1941.5
This law allows a tenant who is a victim of abuse or violence, or who lives with a victim, to request the landlord to change the locks on their home at the landlord's expense within 24 hours. If the landlord doesn't do this in time, the tenant can change the locks themselves and must be reimbursed by the landlord for the cost. Tenants need to provide documentation of the abuse, which can be a protective order, police report, or a statement from a qualified professional. This law applies only if the abuser doesn't live in the same unit.
under Civil Code Section 1941.5
Section § 1941.6
If a tenant has a court order that prevents another tenant in the same home from contacting them, the landlord has to change the locks within 24 hours of getting the order. If the landlord doesn't do this, the protected tenant can change the locks themselves and must be compensated by the landlord. The tenant must inform the landlord about the lock change and provide a new key. The landlord won't be held responsible if the person excluded tries to return. The excluded person still has to pay rent. This applies to leases started after January 1, 2011.
Section § 1941.7
This section outlines that a landlord is not required to fix mold issues in a rental property until they are informed about it by the tenant, except if the tenant has broken certain maintenance rules themselves. Additionally, landlords can enter the unit to fix the mold problem as long as they follow the correct procedure for entering a tenant's home.
Section § 1942
If your rental place has issues that make it hard to live in, and your landlord doesn't fix them after you tell them about it, you have a couple of options. You can fix the problem yourself, but the cost can't be more than a month's rent, and then you can deduct that cost from your rent. You can only do this twice a year. If the landlord still doesn't fix the problem after 30 days, you can assume it's been a reasonable amount of time and go ahead with repairs. However, if you leave the place because of these issues, you don't have to keep paying rent after you move out. But, you can't use this option if you caused the problem or if certain other rules are broken. This law adds to, but doesn't replace, other rights you might have under other agreements or laws.
Section § 1942.1
This law says that a tenant can't give up or change their right to live in a safe and habitable home. Any agreement that tries to do that is not valid. However, tenants and landlords can agree in writing that tenants will handle some repairs as part of their rent agreement. Also, both parties can agree to settle disputes about unsafe living conditions through arbitration. The arbitrator will decide who pays for the arbitration costs.
Section § 1942.2
If a tenant pays a utility bill that the landlord was supposed to pay, the tenant can deduct that amount from their rent.
Section § 1942.3
If a landlord tries to evict a tenant (unlawful detainer) but the property has serious issues like a lack of basic necessities, being substandard, or having lead hazards, there's a rule that might help the tenant. If a housing official tells the landlord to fix these issues and they don't get fixed within 60 days, this presumes the landlord didn't meet safety and livability standards. However, this only applies if the tenant didn't cause the problems. This protection is specifically for rental agreements made or renewed after January 1, 1986.
Section § 1942.4
If a rental property has serious maintenance issues that the landlord knows about but hasn't fixed, the landlord cannot charge rent or threaten eviction. First, the issues must be dangerous or violate health and safety standards. Next, a public official must inform the landlord in writing to fix these problems. If the landlord doesn't act within 35 days and it's not the tenant's fault, the landlord must pay damages to the tenant, which can range from $100 to $5,000. The court may also order the landlord to fix the issues, and the tenant can take action without having to try other solutions first. This can be done in small claims court if the amount is small enough. This law is in addition to any other options the tenant may have, and doesn’t affect a landlord's rights in certain government code situations.
Section § 1942.5
This law protects tenants from retaliation by landlords if they exercise their legal rights. If a tenant complains about poor living conditions, the landlord can’t kick them out, raise the rent, or lessen services within 180 days unless the tenant has stopped paying rent. Tenants can only use this protection once a year. Threatening to report a tenant to immigration is considered retaliation. Landlords who retaliate can be sued and have to pay damages and possibly punitive damages. If a tenant or landlord wins a case about retaliation, they might get their lawyer's fees covered. However, if a landlord acts lawfully and with proper notice, they may still enforce rent changes or evictions.
Section § 1942.6
This law says that if you go into someone's home with their permission during the day or in an emergency to talk about renters' rights, join a tenants' group, or support tenant advocacy, you can't be sued or charged with trespassing. The law doesn't change any existing legal rights; it's just clarifying what already exists.
Section § 1942.7
This law makes it illegal for property owners, managers, or anyone providing property services to discourage renting to people with animals that have not been declawed or devocalized, to refuse rental based on an animal not being declawed or devocalized, or to require tenants to declaw or devocalize their animals. It applies to all stages of renting, including advertising property availability. Animals are defined broadly to include mammals, birds, reptiles, and amphibians. Legal action can be taken by authorities to stop these practices, and violators can be fined up to $1,000 for each infraction.
Section § 1942.9
This law says that if a tenant has unpaid rent due to COVID-19 and they have informed their landlord about their financial difficulties, the landlord cannot charge late fees or increase fees for services that used to be free. Also, if a landlord temporarily stops providing a service due to following public health rules, they are not breaking the lease or changing the rental terms under local rent control laws.
Section § 1943
When you rent out a property that's not a house or apartment, it's usually considered a month-to-month rental unless there's a different written agreement. However, if the property is for farming or grazing, the rental is assumed to last a year unless stated otherwise.
Section § 1944
If you rent a place to live in California without a specific end date, it's assumed that your rental term matches the time period used to calculate your rent. For example, if you pay rent monthly, it's usually considered a month-to-month rental. If there's no agreement on the rental term or rent amount, it's assumed to be a monthly rental.
Section § 1945
If someone is renting property and stays after their lease ends, and the landlord still takes rent, it automatically means the lease is renewed under the same conditions. The renewal can't be for more than a month if they pay rent monthly, or more than a year in any case.
Section § 1945.5
This law says that if a lease for renting a home automatically renews or extends when a tenant stays after the lease ends, the renewal clause must be clearly noticeable in bold, large print within the lease and near the signing space. If it's not, the person who didn't create the lease can choose to ignore it. Additionally, no one can waive these rules because it would go against public policy.
Section § 1946
This law deals with ending a rental agreement when the lease duration hasn't been agreed upon beforehand. If neither the landlord nor tenant wants to renew such a lease, they must give written notice to the other party before the lease ends, with a limit of 30 days' notice. For month-to-month leases, either party can end it with a 30-day written notice. Parties can also agree to a shorter notice period, of at least seven days. Notice must be given as per legal methods or by mail. The notice must include a statement about tenants reclaiming any property they leave behind, explaining possible costs and conditions. Additionally, landlords can't charge tenants a fee for delivering these notices.
Section § 1946.1
This section outlines rules for ending a lease on residential or commercial property when the rental term isn't set in stone. If an owner wants to end the lease, they need to give written notice at least 60 days ahead, but only 30 days if the renter's been there less than a year. Special cases allow shorter notices, like if the property is being sold and the buyer plans to move in. Tenants also have rights to end the lease, but must give notice for at least the duration of the rental period. Important notice details include reminders about reclaiming any left-behind belongings. No fees can be charged for sending these notices. The law defines who qualifies as a 'qualified commercial tenant,' like small businesses or nonprofits, and explains how notices should be delivered.
Section § 1946.2
This law says that after a tenant has lived in a rental property for at least 12 months, the landlord can only end the rental agreement for specific reasons, known as 'just cause.' Just cause could be things like not paying rent, violating the lease, or the landlord needing the space for family. In some cases, landlords have to help tenants with moving costs if the tenant has to leave for reasons not their fault. There are exceptions to this rule, like if the property is newly built or specific types of housing. The law also outlines how landlords must notify tenants about these rules and offers protection against wrongful eviction. This section becomes active on April 1, 2024, and will no longer be in effect as of January 1, 2030.
Section § 1946.5
This law is about ending the rental agreement for someone renting a room (a lodger) in a home where the owner also lives. Either the owner or lodger can end the rental by giving written notice, following the rules of a specific procedure or using certified mail. Once the notice period ends, the lodger has no right to stay, and their removal can follow certain legal processes. The law defines a lodger as someone renting a room in an owner-occupied home where the owner can access all areas. This law only applies when there's just one lodger in the home and doesn't affect situations where there are multiple lodgers.
Section § 1946.7
This law allows tenants in California to break their lease if they or certain family members are victims of certain crimes, such as domestic violence, sexual assault, or stalking. To do so, the tenant must provide written notice and documentation like a restraining order, police report, or a statement from a professional. If they terminate the lease within 180 days of the incident, the tenant must pay rent for only up to 14 more days and can't face penalties or lose their security deposit. Landlords can't disclose information about the incident without consent and must not discriminate against tenants who use these rights. If landlords violate this law, they may have to pay damages to the tenant.
under Civil Code Section 1946.7
Section § 1946.8
This section makes it clear that any part of a rental or lease agreement that tries to stop or limit someone from calling the police or emergency services is not allowed. This is especially important for victims of abuse, crime, or emergencies. A landlord can't penalize tenants for reaching out for help in these situations. Tenants don't need to show documents to prove they believed calling for help was necessary, though having documentation can help. If a landlord tries to evict someone for calling the police, the tenant can use this law as a defense. The law encourages renters to remain safe without fear of retaliation from property owners.
Section § 1946.9
This law makes it illegal for landlords or their agents to discriminate against prospective tenants who've experienced or been involved in situations of abuse or violence. For example, if a prospective tenant broke a lease due to abuse or asked to have their locks changed for safety, landlords can't use this as a reason to reject their application. If a landlord breaks this rule, they could owe the tenant financial compensation. The law defines what counts as abuse and outlines what constitutes an "adverse action," like denying a rental application or offering unfavorable terms.
Section § 1947
This law says that if there's no special agreement, rent is typically due at the end of the rental period. If you're renting day-to-day, week-to-week, month-to-month, or yearly, you pay the rent at the end of each period.
Section § 1947.1
If you own certain large residential properties in some California counties and offer parking, you must charge separately for parking instead of including it in rent. Each tenant has the first chance to rent parking spaces related to their unit. Parking must be unbundled from the residential unit forever, and tenants can't be evicted for not paying parking fees. If they don't pay by the 45th day, the owner can take back the parking spot. The rule applies to properties with at least 16 units, receiving occupancy certificates from 2025 onward, located in specific counties, and excludes certain affordable or financed housing types.
Section § 1947.3
This law requires landlords to allow tenants to pay rent using at least one non-cash and non-electronic method, like a check, unless the tenant's past payments have been problematic. If a tenant’s check bounces or payment is stopped, the landlord can demand cash payments for up to three months with proper notice. Tenants can have someone else pay their rent, but that person must give a signed statement saying they aren't becoming a tenant by paying. The landlord can't charge extra fees for check payments, and tenants and landlords can agree on cash or electronic payments as long as another payment method is available. Lastly, any attempt to waive these rules is not allowed.
Section § 1947.5
This law allows landlords to ban smoking not just inside residential units, but anywhere on the property. If a property has a smoking ban, leases signed after January 1, 2012, must state where smoking isn't allowed. For leases from before this date, landlords need to notify tenants in writing if they change the terms to ban smoking. Existing local rules about smoking take precedence over this law. Importantly, banning smoking doesn't affect other lease terms or require any special legal permissions. Smoking and tobacco products are defined as per related business codes.
Section § 1947.6
Starting July 1, 2015, if you're renting a place and you'd like to install an electric vehicle charging station in your designated parking spot, your landlord usually has to approve it, as long as you follow the rules they set for changes to the property. However, this doesn't apply if there are enough charging stations already, if parking isn't included in your lease, there are very few parking spaces, or if the property is rent-controlled with certain conditions. You won't necessarily get an extra parking space for a charging station, and if having one means you get a reserved spot, expect to pay extra rent for it. The installation and the station have to meet various legal and safety standards, and you'll need to agree in writing to cover all related costs like installation and maintenance. Additionally, you might need insurance to cover potential damage or injury, unless the charger meets certain safety and installation standards.
Section § 1947.7
This law is about how landlords of rental properties need to follow local rent control rules in California. If a landlord is trying their best to follow these rules but makes a small mistake, they generally won’t face penalties. Instead, landlords might just need to pay back the tenant or handle registration fees they owe. If a landlord has tried hard to comply and later fixes any issues, they can restore rent increases that were blocked because of the mistake. Landlords must also keep tenant information private when required. This law doesn't give local agencies any new powers to control rent prices but ensures confidentiality of tenant information.
Section § 1947.8
This law addresses how local rules should work when they control how much rent can be charged for residential rental units. It requires that these rules must set up a system to establish and confirm what the correct rent levels are for different rental units, which both landlords and tenants can access. If a rule was in place by 1987, it had to have these systems by 1988. Newer rules need to do this within a year of being made. Landlords and tenants can get an official certificate of rent levels, challenge what's in it, and appeals must be decided quickly. Local agencies can charge a small fee for this service. Additionally, these rent level records are public, and there are special rules about how they affect property transactions and legal procedures.
Section § 1947.9
This law sets rules in San Francisco for compensating renters temporarily displaced from rent-controlled units for less than 20 days. Tenants should get $275 per day for housing and living expenses, with any necessary moving costs covered. Instead of paying, landlords can offer similar temporary housing and cover moving expenses. It doesn't change lease terms, rental rights, or eviction rules. Tenants can choose other federal or state relocation compensation over this law. This only applies to short-term displacements and doesn't alter local relocation procedures.
Section § 1947.10
This law states that if a landlord evicts a tenant because they or a close family member wants to live in the rental unit, the landlord must actually live there for at least six months. If the court finds that the landlord lied about this, the landlord might have to pay three times the costs related to the tenant moving out or the rent increase if they stay out. If the tenant chooses not to move back in, the landlord may have to pay three times one month's rent and relocation costs. The winning side in such a court case can also get their attorney's fees and court costs covered. Additionally, this law doesn’t limit any other legal options that those involved might have.
Section § 1947.11
If a city or county in California controls how much landlords can charge for rent and requires rents to be registered, any landlord asking for rent above the legal limit must pay back the extra to the tenant if asked. If a landlord intentionally charges too much, the court can order them to repay three times the excess amount. The winner of the court case gets their legal expenses covered. This law doesn't take away other legal options, and it doesn't change the deadlines for starting legal actions.
Section § 1947.12
This law limits how much residential landlords in California can raise rent each year. They can only increase the rent by up to 5% plus inflation, as determined by the Consumer Price Index, or 10%, whichever is less, over any 12-month period. Only two rent increases are allowed for the same tenant in one year. Some properties are exempt from these rules, like new buildings less than 15 years old and certain types of affordable housing. If a tenant moves out, the landlord can set a new initial rent amount for new tenants. Tenants cannot sublease properties for more than the legal rent cap. There are penalties for violating these rent limits, and authorities can enforce the law. This law is intended to balance the current housing crisis and will be in effect until January 1, 2030.
Section § 1947.13
This law explains what happens to rental prices once certain rental restrictions end. If you're the owner of a housing development with assistance or regulatory restrictions, you can decide the first rent price after these rules expire. However, any future rent increases must follow specific rules. It specifies that these rights cannot be waived and are not meant to override local laws. This regulation will be in effect until the end of 2029.
Section § 1947.15
This law is about ensuring landlords of rent-controlled properties can still make a fair return on their investments. It focuses on recognizing professional expenses, like legal or accounting fees, as legitimate business costs when landlords go through proceedings to adjust rent levels. It also encourages agencies to make rent adjustment processes less costly and ensures any necessary professional fees are included in financial calculations for landlords. If landlords win an appeal against a renting decision, their legal costs should be covered. However, if a landlord's claim is found to be without merit, tenants can get compensated for their defense costs. The law also clarifies terms like 'vacancy decontrol' and states it’s not in effect unless rent control laws like Costa-Hawkins are repealed.
Section § 1948
This law says that if a tenant agrees to recognize someone other than their landlord as the new owner or landlord, that agreement doesn't count unless the original landlord agrees or a court has ordered it.
Section § 1949
If you're renting a property and you get notified about a legal action trying to reclaim that property, you must promptly tell your landlord and hand over the notice if it's written down. If you fail to do this, and it causes your landlord any problems, you could be held responsible for those issues.
Section § 1950
If you rent part of a room to live in, you're entitled to use the entire room, no matter what any agreement says. If a landlord rents the same room to multiple families, the first person to rent part of the room has the right to the whole room for the time they agreed on. Other tenants in the building don't have to pay rent while this double renting situation exists.
Section § 1950.1
This law talks about reusable tenant screening reports, which are detailed reports on potential renters that can be reused for multiple applications. The report must include information like the renter's name, contact info, employment verification, last known address, and eviction history. Landlords can choose whether to accept these reports without charging a fee for accessing them. The reports should be created within 30 days, made available at no cost, and comply with state and federal laws. Even if local regulations differ, the rules giving renters more protection will prevail. However, landlords are not obligated to accept these reusable reports.
Section § 1950.5
This law outlines the rules for security deposits in residential rental agreements. It explains that security deposits are any payments given at the start of a rental term that may be used to cover unpaid rent, damages beyond normal wear and tear, cleaning, and similar costs. Landlords can’t demand security deposits higher than one month’s rent, with some exceptions. Landlords must also provide an initial inspection opportunity to tenants before the tenancy ends, allowing them to fix any issues to avoid deductions from the deposit. After the tenant moves out, landlords have 21 days to give back the deposit or an itemized list of deductions. If a landlord's interest in the rental shifts, like through sale, they are required to handle deposits responsibly, notifying tenants about the transfer. Bad faith retention or demands can lead to penalties. The rules are enforceable in small claims court, and security deposits can't be labeled as 'nonrefundable.'
Section § 1950.6
This law allows landlords to charge a fee to potential tenants for processing their rental applications. The fee can cover costs like reference checks and credit reports, but it can't exceed actual costs or $30, adjusted for inflation since 1998. Landlords can only charge this fee if they actively consider an application and must refund it if the unit isn’t available or the fee isn’t used. They also have to provide a receipt detailing how the fee was used and issue a credit report copy to the applicant. Various protections ensure fairness, such as refunding unused fees and offering application processes that are transparent and orderly.
Section § 1950.7
This law explains what happens to security deposits for non-residential rental agreements. It states that a landlord must hold the deposit for the tenant and that the tenant's claim to the deposit takes priority over most other creditors. The landlord can only use the deposit to cover unpaid rent, repair damages caused by the tenant, or clean the property after the tenant leaves. The landlord must return any unused money to the tenant within specific timeframes. If the property changes hands, the old landlord has to transfer the deposit to the new landlord or return it to the tenant. If a landlord keeps the deposit unfairly, they might have to pay a penalty. This rule applies to all non-residential tenancies made or renewed after January 1, 1971.
Section § 1950.8
This law pertains to commercial leases and nonresidential property rentals. It prohibits demanding or accepting extra payments like 'key money' or legal fees needed for preparing a lease unless such payments are clearly mentioned in the lease agreement. Violating this could result in a hefty penalty, including paying the affected party's legal costs. However, advance rent payments and certain fees, such as those for credit checks or cleaning, are allowed if disclosed in the rental contract. Rent hikes to cover building operation costs are also permissible if detailed in the lease.
Section § 1950.9
This law sets rules for landlords of commercial properties when charging certain tenants for building operating costs. Landlords can only charge these fees if they fairly divide costs among tenants, have recent or upcoming expenses, and provide detailed cost documentation. Tenants can ask to see proof of these costs and landlords must provide it within 30 days. Costs that tenants pay directly or for which landlords get reimbursed can't be charged. Landlords can't change how they calculate tenant costs without notice. If landlords violate these rules, they face penalties, and tenants can use non-compliance as a defense in legal actions around unpaid fees. These protections apply to small businesses and nonprofits with a certain employee count, and to leases signed or renewed after January 1, 2025.
Section § 1951
This section defines two specific terms for use in other related laws: 'Rent' is not only the traditional payment for using property but also any other charges similar to rent. 'Lease' also covers subleases, which are agreements where the tenant rents out the property to someone else.
Section § 1951.2
When a tenant abandons a rented property or is evicted for breaking the lease, the lease ends and the landlord can claim certain damages. These damages include unpaid rent up to the time the lease ends, potential lost rent that couldn't reasonably be avoided, additional losses the landlord incurs, and any other costs directly caused by the tenant breaking the lease. The landlord can only claim future rent losses if the lease permits it or if they tried leasing the property again in good faith. Trying to reduce the damage doesn't mean the landlord loses their right to claim these damages. This law also doesn't change any lease terms about indemnifying the landlord for injuries or damage happening before the lease ends.
Section § 1951.3
This section explains how a landlord can declare a residential property abandoned if a tenant hasn't paid rent for 14 days and seems to have left the property. The landlord must send a written notice to the tenant, who can stop the process by responding with the intent to stay and providing a mailing address for legal notices. The notice gives the tenant a deadline to reply, and if they don't, the lease can end on the specified date. However, if the tenant can prove rent wasn't overdue, the landlord's belief of abandonment wasn't reasonable, or if they pay some rent or inform the landlord of their intention not to abandon before the lease ends, the property won't be considered abandoned. The landlord still needs to follow other legal eviction notice processes too.
Section § 1951.4
This law section allows landlords to keep a lease agreement active even if the tenant violates the lease and leaves the property, as long as the lease specifically says so. The tenant must also have the right to sublease or transfer the lease, with only reasonable restrictions. The landlord can continue to collect rent if these conditions are met and as long as they don't officially end the tenant's right to the property. Certain actions, like maintaining the property or trying to find new tenants, don't count as ending the tenant's rights. The law wants to ensure the landlord isn't unreasonable about consent for subleasing or transferring leases.
Section § 1951.5
This section simply states that the rules about liquidated damages in Section 1671 also apply to leases of real estate.
Section § 1951.7
This law explains when and how a landlord must notify a tenant about the re-renting of a property if the tenant made an advance payment (such as prepaid rent or a security deposit). If certain conditions are met, like the tenant has specifically asked for it in writing and the lease was ended under specific circumstances, the landlord has to inform the tenant within 30 days once the property is rented again. This notice must include details about the new tenant and the leasing terms, unless the tenant owed more rent than the advance payment amount when the lease ended.
Section § 1951.8
This law says that nothing in the other sections (1951.2 or 1951.4) changes the right of a landlord to seek fair and just court orders (called equitable relief) when it's suitable.
Section § 1951.35
This law section explains when a landlord can consider a commercial rental property abandoned by the tenant. If the tenant hasn't paid rent for a certain number of days and the landlord reasonably believes the tenant has left, the landlord must send a written notice called a "Notice of Belief of Abandonment." This notice informs the tenant that the property will be considered abandoned and the lease will end unless the tenant responds before a specified date, stating they haven't abandoned the property and providing an address for serving legal papers. A tenant can prevent the property from being deemed abandoned by paying rent or informing they haven't left. This section clarifies that the landlord can still demand overdue rent separately and doesn't affect other legal notices or actions.
Section § 1952
This law section says that if a landlord (lessor) wants to evict a tenant due to unlawful detainer, or actions like forcible entry, it doesn’t change other eviction procedures detailed from Section 1951 to 1951.8. However, the landlord can still pursue additional legal actions for things like damages, as long as those weren’t already resolved in the prior eviction case. If the landlord has already regained possession of the property through eviction, they can't usually seek further remedies from the tenant unless the tenant gets a legal reset or relief.
Section § 1952.2
This law section says that certain rules from Sections 1951 to 1952 do not apply to leases made before July 1, 1971. They also do not apply to leases made on or after that date if the lease terms were set by an agreement made before July 1, 1971.
Section § 1952.3
This law explains what happens in a landlord-tenant eviction case if the tenant gives the property back to the landlord before the trial or judgment. The case shifts from an eviction to a regular civil lawsuit. The landlord can then ask for additional damages not available in the eviction case by changing the complaint and informing the tenant. The tenant can raise defenses and make claims too, but certain rules apply depending on whether they've already given possession back. If the tenant is in default and the case hasn't been changed to a regular lawsuit, it stays an eviction case. The timeline for the tenant to respond doesn't change unless the landlord amends the complaint.
Section § 1952.4
This law says that if there's an agreement to explore or extract natural resources like oil or minerals, it's not considered a lease of real estate under specific legal rules.
Section § 1952.6
This law states that certain regulations about property leases in previous sections don't apply to leases between public entities and nonprofit corporations or other public entities if the property interest might revert to a public entity and involves tax-exempt bonds. These exceptions also don't apply unless the lease specifically states otherwise. Public entities involved in high-value leases can choose different legal remedies if there is a breach of the lease, rather than sticking to those outlined in earlier sections. Here, a public entity can be any government-related organization like the state, city, or district.
Section § 1952.7
If you're renting a commercial property, and your lease was signed, renewed, or extended after January 1, 2015, landlords can't include lease terms that block or heavily restrict installing electric vehicle charging stations, unless the restrictions are considered reasonable. California supports the use of these stations as long as they're not excessive. However, tenants can't install more charging stations than their lease allows parking spaces for. If a charging station gives a tenant an exclusive parking spot not covered in the lease, the landlord can charge a fair monthly rent for that spot. Some properties are exempt if they already have enough charging stations or have fewer than 50 parking spaces.
It's important for these charging stations to meet health, safety, and legal standards. Landlords can't stall or unfairly reject requests to install these stations. If allowed, installations must follow certain steps like using licensed contractors and getting insurance. Tenants need to cover installation and maintenance costs, along with electricity charges. In some cases, landlords may even create a new parking space for these stations, as long as they comply with laws. Additionally, these rules apply to common interest developments too.
Section § 1952.8
Section § 1953
This California law ensures that certain tenant rights can't be given up or changed by a lease or rental agreement. Tenants can't be forced to waive rights like filing a lawsuit against their landlord, receiving legal notices, or having their landlord act responsibly to prevent harm. Some waivers might be allowed if they were part of the original lease and the tenant saw them before moving in. These rules apply to leases signed after January 1, 1976.
Section § 1954
This law outlines when a landlord can enter a tenant's home. They can only enter in emergencies, to make repairs or show the property, if the tenant has left the premises, by court order, or to comply with health and safety laws. Except for emergencies and abandoned homes, landlords should enter during normal business hours and must give written notice, usually at least 24 hours in advance, unless otherwise agreed. The landlord can't use their access rights to bother the tenant. No notice is needed if it's an emergency, the tenant allows entry on the spot, or the tenant has moved out.
Section § 1954.05
This law says that if a business owner assigns their assets to pay off debts (known as a general assignment for the benefit of creditors), the person handling the assignment can keep using the business's lease space for up to 90 days. They have to keep paying the usual rent during this time. This is allowed even if the lease says it should end if the business is assigned like this or goes bankrupt. The rent paid during this time is considered fair payment for staying there after the lease ends.
Section § 1954.06
Beginning July 1, 2021, landlords of assisted housing developments with five or more units must offer tenants the choice to report their rental payments to a credit agency. This helps tenants build their credit if they choose to participate. Tenants can opt in or out in writing, and landlords can charge a small fee for this service, but not more than $10 a month. If tenants don't pay the fee, they can stop reporting but cannot re-enroll for six months. Tenants keep their rights to withhold rent for repairs, and such actions don't count as late payments. Certain small landlords or those who own multiple developments might not have to comply unless they are large investment entities like corporations or trusts.
Section § 1954.07
This law requires landlords of certain residential properties to offer tenants the option to have their on-time rent payments reported to consumer credit agencies, which can help build the tenant's credit history. For leases starting after April 1, 2025, this offer must be made at the beginning of the lease and then at least once every year. Landlords can notify tenants about this option via mail or email and must include specific information such as which agencies will receive the information and any fees involved (up to $10 per month). Tenants can opt in or out at any time, but opting out means they must wait at least six months before opting in again. If a tenant doesn't pay the fee, their rent payments will no longer be reported, but they won’t be evicted for the nonpayment of this fee. The law doesn’t apply to landlords with 15 or fewer units unless they own multiple buildings and are structured as a corporation, LLC, or real estate investment trust. Tenants retain all their housing rights, including those related to habitability and necessary repairs.
Section § 1954.071
This California law explains how lodging establishments should handle guests displaced by disasters, like fires or floods, who stay at places like hotels or motels. If you're in a hotel because your home was damaged by a disaster, you don't become a "tenant" until you've stayed there for 270 days. If you stay more than 30 days, the hotel can give you a notice if they want you to leave. However, they must give you 72 hours' notice unless you haven't paid your bill, are causing disturbances, or pose a risk to others around you. Guests must also acknowledge, either physically or electronically, the reason for their stay—whether it's due to disaster displacement or not. This law is temporary and will no longer be effective after January 1, 2031.